Federalism Research Paper

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California State University, San Marcos *

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100

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History

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Apr 3, 2024

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Federalism and the Authority Over Education: Unpacking Constitutional Authority Lauren A. Dalrymple Department of History, California State University San Marcos Political Science 100-04: U.S. Government & Politics Professor Rebecca Simpson October 30, 2023

Federalism and the Authority Over Education: Unpacking Constitutional Authority The United States political system is fundamentally shaped by federalism, a system of government in which power is divided between the national government and state government. (Simpson, 2023, p. Federalism) Within this system, there is uncertainty surrounding the governmental control of education, given the Constitution’s absence of explicit guidance. This paper dives into the details of federalism and, more specifically, the constitutional debate of who has control of educational policies. The main question I aim to answer is whether the United States Constitution gives the federal government or individual states the primary responsibility for education. Federal Government Argument The United States Constitution does not explicitly mention education and per the Tenth Amendment, which states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." (N.C.C.,2023) Because of this, the responsibility for education has primarily been left to the states. However, over the years, the federal government has become more involved in education, mainly through legislation and funding, due to concerns about equal opportunities and the desire to set minimum standards nationwide. One of the most significant federal involvements in education comes from the 14th Amendment, more specifically, the Equal Protection Clause, which prohibits states from denying any person within its jurisdiction the equal protection of the laws. (Simpson, 2023, p. Federalism) The federal government has passed several significant laws related to education. Some of these laws aim to address topics such as funding, civil rights, and access to education for specific groups or to set standards and accountability. Quite possibly, the most well-known case passed by the Supreme Court is that of Brown V. Board of Education. It states: "We conclude that in the field of public education, the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal…by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the 14th Amendment." (Johnson, 2017)

The federal government is also responsible for the No Child Left Behind Act of 2001. With the passing of this law, the federal government's involvement in education has increased significantly. This law altered the federal government's involvement in K-12 education by mandating schools to show academic success for every student. (C.D.E.,2022) Another central area that the federal government is involved with concerning education is the Higher Education Act of 1965. "The purpose of the Higher Education Act was to strengthen the educational resources of our colleges and universities and to provide financial assistance to students in postsecondary and higher education. The legislation enabled many to attend college who would not otherwise have had the chance." (U.W., 2023) The last law the federal government passed that I will discuss is the Family Educational Rights and Privacy Act of 1974. "The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children's education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records." (U.S.D.E., 2023) However, after the student reaches eighteen years of age or goes to a postsecondary school, the rights fall from the parents to the student. While education has historically been a responsibility of state and local governments, there are arguments in favor of the federal government having a more controlling role in education. For example, with more control, the federal government can help ensure that students from all states and cultural backgrounds have equal access to quality education, regardless of where they come from. This can help bridge the educational gaps across the nation. Along with ensuring equality, a federal role in education can set a consistent standard for all schools in the United States. This would further ensure that students receive a similar quality of education. One could argue that the writers of the Constitution give the federal government general control when they say, "promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity" in the U.S. Constitution. (N.C.C.,2023)The argument here would be that it is in the general welfare of the people to have equal opportunities for quality education.

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